30 C.F.R. § 773.12 Permit eligibility determination.
Title 30 - Mineral Resources
Based on the reviews required under §§773.9 through 773.11 of this part, we, the regulatory authority, will determine whether you, the applicant, are eligible for a permit under section 510(c) of the Act. (a) Except as provided in §§773.13 and 773.14 of this part, you are not eligible for a permit if we find that any surface coal mining operation that— (1) You directly own or control has an unabated or uncorrected violation; (2) You or your operator indirectly own or control, regardless of when the ownership or control began, has an unabated or uncorrected violation cited on or after November 2, 1988; or (3) You or your operator indirectly own or control has an unabated or uncorrected violation, regardless of the date the violation was cited, and your ownership or control was established on or after November 2, 1988. (b) You are eligible to receive a permit under section 510(c) of the Act if any surface coal mining operation you or your operator indirectly own or control has an unabated or uncorrected violation and both the violation and your assumption of ownership or control occurred before November 2, 1988. However, you are not eligible to receive a permit if there was an established legal basis, independent of authority under section 510(c) of the Act, to deny the permit at the time you or your operator assumed indirect ownership or control or at the time the violation was cited, whichever is earlier. (c) We will not issue you a permit if you or your operator are permanently ineligible to receive a permit under §774.11(c) of this subchapter. (d) After we approve your permit under §773.15 of this part, we will not issue the permit until you comply with the information update and certification requirement of §778.9(d) of this subchapter. After you complete that requirement, we will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect your permit eligibility under paragraphs (a) and (b) of this section. We will request this report no more than five business days before permit issuance under §773.19 of this part. (e) If you are ineligible for a permit under this section, we will send you written notification of our decision. The notice will tell you why you are ineligible and include notice of your appeal rights under part 775 of this subchapter and 43 CFR 4.1360 through 4.1369. [65 FR 79663, Dec. 19, 2000]
Title 30: Mineral Resources
PART 773—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING
§ 773.12 Permit eligibility determination.
